Allowed

Akhil S., v. the State of Kerala

Kerala HC10 Oct 2019Bail Appl./6848/2019

Case brief

AI extract

What is this about?

High Court of Kerala considered bail application of accused No.4 in a criminal case involving offences under IPC Sections 447, 143, etc. Court directed interrogation and granted bail subject to specific conditions including cooperation and non-influence of witnesses.

What did the court decide?

Petitioner released on bail upon executing bond for Rs.40,000 and furnishing two solvent sureties for same amount subject to specified conditions.

Akhil S., Vs the State of Kerala — Cheating and Forgery | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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Bail Appl..No.6848 OF 2019

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CRIME NO.1079/2019 OF Thrikkunnappuzha Police Station , Alappuzha

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PETITIONER/S:

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AKHIL S., AGED 19 YEARS S/O. SAJEEVAN, KANDATHIL PUTHUVEL, NILLANJICKAL, ARATTUPUZHA P.O., KARTHIKAPPALLY TALUK-690535.

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BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

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RESPONDENT/S:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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SRI.T.R.RENJITH, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6848 OF 2019

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ALEXANDER THOMAS, J .

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B.A.No.6848 Of 2019

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Dated this the 10^th day of October, 2019.

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O R D E R

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The petitioner herein has been arrayed as accused No.4 among the 8 accused arrayed in the instant Crime No.1079/2019 of Thrikkunnapuzha Police Station, Alappuzha District, which has been registered for offences punishable under Secs.447, 143, 147, 148, 323, 324, 354 & 149 of the I.P.C on the basis of the FI statement given by the lady de facto complainant on 13.9.2019 at about 6:20 p.m. in respect of the alleged incident happened on 11.9.2019 at about 6:00 p.m.

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The prosecution case in short is that on 11.9.2019 at about 6:00 p.m. when the de facto complaint and her family members were celebrating Onam Festival in her family property, the accused persons formed themselves into an unlawful assembly and assaulted her and other family members and the specific allegation is that A-1 had assaulted one Sreemon and Sreenath, who are relatives of the lady de facto complainant and when her brothers intervened, the accused Nos.2 to 5 had beaten her brothers with a stick and

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Bail Appl..No.6848 OF 2019

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further accused Nos.1, 6 , 7 and other identifiable accused persons had beaten the father of the lady de facto complainant and the abovesaid Sreemon, upon which the lady de facto complainant intervened upon which A-6 pulled her down and assaulted her.

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It is common ground that accused Nos.2, 3, 5, 6 & 8 in the instant crime has been granted anticipatory bail in respect of the abovesaid crime by Anx-A order dated 27.9.2019 rendered by the Sessions Court, Alappuzha. It is now submitted by both sides that though there is mention in Anx-A order that accused No.4 has been granted bail thereby, the said aspect is a mistake and that accused No.4 is not a party to the said proceedings. There does not seem to be any serious dispute that the offences alleged against accused No.4 are broadly similar to those against beneficiaries of Anx-A bail order. However, the petitioner will have to immediately appear before the Investigating Officer for interrogation purposes without any further delay. Accordingly, the following orders are passed:

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(i) The petitioner shall personally appear before the Investigating Officer in relation to Crime No.1079/2019 of Thrikkunnapuzha Police Station, Alappuzha District at 9:00 a.m. on any day on or before 23.10.2019 to subject himself for interrogation purposes or within such other time that may be extended by the Investigating Officer concerned.

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(ii) The petitioner will fully co-operate with the interrogation process.

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::4::

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Bail Appl..No.6848 OF 2019

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(iii) After completing the above interrogation process, in case the Investigating Officer arrests the petitioner then he shall be released on bail on his executing a bond for Rs.40,000/- (Rupees Forty Thousand only) and on furnishing two solvent sureties for the like sum each to the satisfaction of the Investigating Officer concerned. Further it is also ordered that the grant of bail will be subject to following conditions:-

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(a) The petitioner shall report before the Investigating Officer as and when directed by the said Officer.

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(b) The petitioner shall not involve in any criminal offences of similar nature.

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(c) The petitioner shall fully co-operate with the investigation.

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(d) The petitioner shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever.

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(e) The petitioner shall not visit or go anywhere near to the residence of the lady de facto complainant until the conclusion of the investigation.

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(g) If the petitioner violates all or any of the bail conditions, then the jurisdictional court concerned will stand hereby authorised, to consider the plea for cancellation of bail, if required, in accordance with law.

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With these observations and directions, the Bail Application

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stands disposed of.

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Sd/ALEXANDER THOMAS, Judge.

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bkn/-

Akhil S., v. the State of Kerala

Case brief

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Akhil S., v. the State of Kerala

Case brief

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